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Common land explained
Land charges - October 2007
land.charges@kirklees.gov.uk
What is Common Land?
The name, 'common land' creates misunderstandings about its nature and function.
Most people believe that no-one, everyone, or even the Queen, owns common land,
However, most common land is privately owned, and as such, current laws apply
to common land in the same way as to any private land.
The terms 'commoners rights' and 'common' refer to the rights held in common
by certain people to use the land or area for grazing, cutting turf etc.
These terms date back to the time when the manorial system appointed owners
to land, but allowed the peasantry to continue using it, for example to collect
wood or to fish.
These rights have historically belonged to specific individuals - the 'commoners'
- not to the general public, and they are usually restricted to the occupiers
of certain properties, or to those living within a specified area.
At present, the general public only has right of access to common land if it
is an urban common or is crossed by a public footpath.
However, government proposals in The
Countryside and Rights of Way Act 2000 will eventually permit public access
to common land.
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